Walmart wants to build a supercenter at the southwest corner of 85th Street and South Minnesota Avenue in Sioux Falls. / Emily Spartz / Argus Leader

Written by

Walmart representatives are scrutinizing the signatures of more than 6,300 people who signed petitions asking that a new south-side store be brought to a public vote.

Walmart obtained copies of the petitions Friday, the same day they were submitted to City Clerk Lorie Hogstad’s office by opponents of the proposed store.

“They are reviewing them. They are going to file a challenge. That’s what they’ve told me,” Hogstad said.

Walmart has until 5 p.m. Monday to contest the petitions.

“We are really pleased that the city provides a process and opportunity for people to do their own due diligence and review petitions. We are taking that opportunity and carefully reviewing what has been submitted,” Walmart spokeswoman Delia Garcia said in a statement.

The latest development comes after members of Save Our Neighborhood submitted 6,362 signatures to refer a City Council decision that rezoned land on 85th Street and Minnesota Avenue. That City Council decision allowed Walmart to move forward with a 180,000 square-foot store, which upset many residents in the area.

The group needed 5,089 signatures of registered voters in Sioux Falls and had a 20-day window to collect them. It’s unclear what legal challenges Walmart might bring against the petition drive.

Under state law, petitions are open to public inspection for at least two years after they’ve been submitted.

Minnehaha County Auditor Bob Litz said his office received a request from somebody asking for copies of signatures on voter registration forms. Litz said the request, made Tuesday, was related to the Walmart referendum.

His office, however, had not turned over copies of signatures because he was seeking legal advice from the state’s attorney about whether the signatures are public record.

“We just don’t know if the signature is protected,” he said. “We’re trying to find out.”

Hogstad’s office is responsible for certifying whether enough of the submitted signatures meet the 5,089 requirement to place the issue on next April’s citywide ballot. Signatures can be disqualified if someone isn’t registered to vote, lives outside city limits or for other technical reasons.

(Page 2 of 2)

Save Our Neighborhood already referred a separate zoning issue to the April ballot earlier this year. In that case, Hogstad’s audit invalidated 20 percent of the group’s signatures. Twenty percent this time would put the group on the cusp of not having enough qualifying ballots.

Dana Palmer, a member of the group, said it plans to scrutinize any signatures that Hogstad invalidates if Save Our Neighborhood fails to make the ballot. If members of the group believe that signatures were wrongly disqualified, they could bring legal action against the city.

“Do I think there will be an attempt to invalidate signatures on a basis maybe not supported? Yes,” she said.

Palmer also said she’s not surprised Walmart is reviewing the petitions.

“I think it’s telling that Walmart has the signatures already,” she said. “I think they’re worried, as they should be.”

Walmart’s Garcia expressed optimism in her company’s prospects.

“We feel confident that shoppers in Sioux Falls are looking for another option when it comes to affordable prices on the items they use every day,” she said. “We think we need to keep in mind that this issue was approved by the City Council on a near unanimous vote.”